Nikol Nocetti -v- J Corp Resort Services Pty Ltd ATF the GMR Trust
Document Type: Order
Matter Number: U 37/2025
Matter Description: Unfair Dismissal Application
Industry: Hotel
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner T B Walkington
Delivery Date: 9 Oct 2025
Result: Application dismissed
Citation: 2025 WAIRC 00844
WAIG Reference:
UNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES NIKOL NOCETTI
APPLICANT
-V-
J CORP RESORT SERVICES PTY LTD ATF THE GMR TRUST
RESPONDENT
CORAM COMMISSIONER T B WALKINGTON
DATE THURSDAY, 9 OCTOBER 2025
FILE NO/S U 37 OF 2025
CITATION NO. 2025 WAIRC 00844
Result Application dismissed
Representation
APPLICANT NO APPEARANCE
RESPONDENT MR C JENSEN
Order
WHEREAS, this is an application under s 29(1)(c) of the Industrial Relations Act 1979 (WA); and
WHEREAS, on 6 June 2025, the respondent provided the applicant with a settlement offer by way of email; and
WHEREAS, on 12 June 2025, the applicant accepted the settlement offer provided by the respondent; and
WHEREAS, on 12 June 2025, the Commission emailed the applicant providing a Form 1A – Notice of Discontinuance, and asked the applicant to file and serve the Form 1A – Notice of Discontinuance upon receipt of the settlement sum; and
WHEREAS, on 27 June 2025, the applicant confirmed receipt of the settlement sum, and informed the Commission and the respondent that they would file the Form 1A – Notice of Discontinuance in due course; and
WHEREAS, on 18 July 2025, the applicant filed a Form 1A – Notice of Discontinuance with the Commission’s registry; and
WHEREAS, on 18 July 2025, the Form 1A – Notice of Discontinuance was served on the respondent; and
WHEREAS, on 19 July 2025, the respondent objected to the Form 1A – Notice of Discontinuance on the basis that it contained qualifications that were not in accordance with the settlement agreement; and
WHEREAS, on 31 July 2025, the Commission emailed the parties noting the objection to the Form 1A- Notice of Discontinuance and sought available dates to attend a Directions Hearing for programming the objection for hearing and determination; and
WHEREAS, on 4 August 2025, a Directions Hearing was listed for 9 October 2025; and
WHEREAS, on 8 October 2025, the applicant advised that they would not be attending the Directions Hearing and that they wanted the matter to be closed; and
WHEREAS, on 8 October 2025, the respondent advised they would request the matter be dismissed pursuant to s 27(1)(a) of the Industrial Relations Act 2025 (WA) and they would be attending the Directions Hearing; and
WHEREAS, on 9 October 2025, the Commission advised the parties that the Directions Hearing would proceed as scheduled; and
WHEREAS, on 9 October 2025, the applicant did not appear at the Directions Hearing; and
WHEREAS, the Commission is satisfied that the matter is settled pursuant to the Form 1A - Notice of Discontinuance filed on 18 July 2025 and reg 16(1) of the Industrial Relations Commission Regulations 2005 (WA); and
WHEREAS, the Commission is satisfied that further proceedings are not necessary; and
WHEREAS, the Commission is satisfied that the application may be dismissed pursuant to s 27(1)(a)(iv) of the Industrial Relations Act 1979 (WA)
NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders –
THAT this application be and is hereby dismissed.
COMMISSIONER T B WALKINGTON
UNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Nikol Nocetti
APPLICANT
-v-
J Corp Resort Services Pty Ltd ATF the GMR Trust
RESPONDENT
CORAM Commissioner T B Walkington
DATE Thursday, 9 October 2025
FILE NO/S U 37 OF 2025
CITATION NO. 2025 WAIRC 00844
Result Application dismissed
Representation
Applicant No Appearance
Respondent Mr C Jensen
Order
WHEREAS, this is an application under s 29(1)(c) of the Industrial Relations Act 1979 (WA); and
WHEREAS, on 6 June 2025, the respondent provided the applicant with a settlement offer by way of email; and
WHEREAS, on 12 June 2025, the applicant accepted the settlement offer provided by the respondent; and
WHEREAS, on 12 June 2025, the Commission emailed the applicant providing a Form 1A – Notice of Discontinuance, and asked the applicant to file and serve the Form 1A – Notice of Discontinuance upon receipt of the settlement sum; and
WHEREAS, on 27 June 2025, the applicant confirmed receipt of the settlement sum, and informed the Commission and the respondent that they would file the Form 1A – Notice of Discontinuance in due course; and
WHEREAS, on 18 July 2025, the applicant filed a Form 1A – Notice of Discontinuance with the Commission’s registry; and
WHEREAS, on 18 July 2025, the Form 1A – Notice of Discontinuance was served on the respondent; and
WHEREAS, on 19 July 2025, the respondent objected to the Form 1A – Notice of Discontinuance on the basis that it contained qualifications that were not in accordance with the settlement agreement; and
WHEREAS, on 31 July 2025, the Commission emailed the parties noting the objection to the Form 1A- Notice of Discontinuance and sought available dates to attend a Directions Hearing for programming the objection for hearing and determination; and
WHEREAS, on 4 August 2025, a Directions Hearing was listed for 9 October 2025; and
WHEREAS, on 8 October 2025, the applicant advised that they would not be attending the Directions Hearing and that they wanted the matter to be closed; and
WHEREAS, on 8 October 2025, the respondent advised they would request the matter be dismissed pursuant to s 27(1)(a) of the Industrial Relations Act 2025 (WA) and they would be attending the Directions Hearing; and
WHEREAS, on 9 October 2025, the Commission advised the parties that the Directions Hearing would proceed as scheduled; and
WHEREAS, on 9 October 2025, the applicant did not appear at the Directions Hearing; and
WHEREAS, the Commission is satisfied that the matter is settled pursuant to the Form 1A - Notice of Discontinuance filed on 18 July 2025 and reg 16(1) of the Industrial Relations Commission Regulations 2005 (WA); and
WHEREAS, the Commission is satisfied that further proceedings are not necessary; and
WHEREAS, the Commission is satisfied that the application may be dismissed pursuant to s 27(1)(a)(iv) of the Industrial Relations Act 1979 (WA)
NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders –
THAT this application be and is hereby dismissed.
Commissioner T B Walkington